Harihar Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20857 of 2019 ====================================================== Harihar Mistri Son of Late Ram Bachan Mistri Resident of Mohalla- Devi Asthan, South of Block No.1, Rajbanshi Nagar (Shastri Nagar), Anchal- Patna Sadar, P.S.- Shastri Nagar, Dist- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms Govt. of Bihar, Old Secretariat, Patna. 2.

The Collector, Patna.

3.

The D.C.L.R., Patna Sadar, Gandhi Maidan, Patna. 4.

The Circle Officer, Patna Sadar, Gandhi Maidan, Patna. 5.

Halka Karamchari-03, Anchal Patna Sadar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasudeo Ram For the Respondent/s :

Mr.Raj Kishore Roy ( GP18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-10-2019 Heard Mr. Vasudeo Ram, the learned counsel for the petitioner, and the learned AC to GP 18.

The petitioner filed this writ petition for following reliefs:- "(i) To direct the concerned respondents to create new Jamabandi and issue rent receipt of the land in question bearing plot No. 732, Khata No. 99, Thana No.-8 Area-12 decimal, Mauza- Sherullahpur, Anchal, Patna which was settled in the name of the father of petitioner after receiving due Malguzari Rent by ex-landlord upon which the residential house of the petitioner is existing.

(ii) To direct the concerned respondents to continue to grant rent receipt of the property.

(iii) To direct to dispose of the representation dt. 14.08.2019 filed by the petitioner to Collector, Patna". The learned counsel for the petitioner submits that the land bearing plot No. 732, Khata No. 99, Thana No.-8 Area-12

Patna High Court CWJC No.20857 of 2019(2) dt.22-10-2019 2/2 decimal, Mauza- Sherullahpur, Anchal, Patna was settled by exlandlord through Hukmnama in the year 1944 and the father of the petitioner was paying rent. The Government of Bihar has also issued notification as contained in memo No. 5/1011/801655 dated 14.04.1978 that if a person is found in possession of land settled by the ex-landlord purcha be issued in favour of such person. The father of the petitioner filed representation before the Circle Officer, Patna Sadar on 28.06.2016 and the Circle Officer called for a report from the Halka Karmchari but till date no order has been passed on the representation. The petitioner also filed a representation before the collector on 14.08.2019 which is still pending.

After considering the facts, I dispose of this writ petition with a direction to the Circle Officer, Patna Sadar, Patna to dispose of the representation of the father of the petitioner/ petitioner dated 28.06.2016 and pass order in accordance with law within four months from the date of receipt of this order. With this direction, this writ petition is disposed of. (Prabhat Kumar Jha, J) BKS/- U